Calcutta High Court (Appellete Side)
Rama Singha & Ors vs National Insurance Co. Ltd. & Anr on 26 July, 2021
S/L 16
26.7.2021
Court No.26
SD
FMAT 241 of 2020
With
CAN 1 of 2021
(Via Video Conference)
Rama Singha & Ors.
Vs.
National Insurance Co. Ltd. & Anr.
Mr. Pingal Bhattacharyya
Ms. Poonam Keswani
... for the Appellants/Claimants.
Mr. Deb Narayan Roy
... for the Respondents/Insurance Co.
CAN 1 of 2021:-
This is an application for condonation of delay in
filing the instant appeal.
On perusal of the pleadings, this Court is satisfied that
cause shown for delay in filing of the appeal is sufficient and
prayer for condonation of delay should be allowed.
Accordingly, the application for condonation of delay
being CAN 1 of 2021 stands allowed.
F.M.A.T. 241 of 2020:-
The appeal is directed against the judgment and
award dated February 1, 2019 passed by the Judge, Motor
Accident Claims Tribunal, Fast Track, 1st Court, Purba
Medinipur in M.A.C. Case No.22 of 2016 on a claim under
section 166 of the Motor Vehicles Act, 1988 for death of one
'Harekrishna Singha' in a road accident dated January 2,
2016.
Various points have been raised by the claimants in
the instant appeal challenging the quantum of compensation.
It is submitted on behalf of the appellants that the monthly
income of Rs.3,500/- of the victim, considered by the learned
Judge was inadequate. Further, the claimants pleaded that
full component of compensation under collective heads of
'general damages' was not provided. Accordingly, it was
agreed that a lesser quantum of compensation has been
wrongly awarded by the Tribunal.
The insurance company is represented.
Considering the judgments of Smt. Sarla Verma &
Ors. Vs. Delhi Transport Corporation & Anr.,
reported in (2009) 6 SCC 121 and National Insurance
Company Ltd. Vs. Pranay Sethi & Ors., reported in
(2017) 16 SCC 680 and also following the precedence of
this Court on the point of monthly income, I find substance
in the arguments of the appellants for the year 2016, in a
claim under Section 166 of the Motor Vehicles Act, 1988, an
amount of Rs.4,000/- per month does not appear to be
exorbitant. Appellants are justified in praying for 25%
addition on account of 'Future Prospect' on the income of the
47 years old deceased. The 'General Damages' should also be
for Rs.70,000/- in total. Accordingly, the impugned award is
modified and recalculated in the manner referred
hereinafter.
Particulars Amount (Rs.)
Monthly income 4,000.00
Add 25% income for future prospect 1,000.00
Total monthly income 5,000.00
Yearly income 60,000.00
After 1/3rd deduction for personal expenses 40,000.00
Multiplier of 13 to be used 5,20,000.00
Collective heads of General Damages 70,000.00
Total 5,90,000.00
The claimants acknowledge receipt of the entire
awarded amount of Rs.3,84,000/- along with interest.
Accordingly, the balance enhanced sum of Rs.2,06,000/-
would become payable to the claimants by the Insurance
Company together with interest assessed @ 6 per cent per
annum, from the date of filing of the claim petition within a
period of 45 days from the date of receipt of the bank account
particulars of the claimants. Advocate for the claimants will
forward the bank account details of the claimants within a
fortnight from date to the Advocate for the insurance
company. The payment shall be made in the proportion
decided by the Court below.
With the aforesaid directions, the instant appeal is
disposed of.
There shall be no order as to costs.
In view of the disposal of this appeal, connected
application, if any, is also disposed of.
The Registry is directed to send down the lower court
records at once, if received by this time.
Urgent photostat certified copy of this order, if applied
for, be given to the parties, upon compliance of all
formalities, on priority basis.
(Shekhar B. Saraf, J.)
